Out of Date Information: County Policies

Guidelines Adopted in Various Counties

The information on this page is not likely to be current and some is definitely out-of-date, due to all the changes that have occurred in the past few years. This page is stored as an archive of policies circa late 2011.

Notice: These guidelines are subject to change at any time. This site is updated by volunteers and may not be fully current. You should conduct further research and perhaps contact an attorney before taking any actions exceeding the statewide safe harbor.

California Health and Safety Code 11362.77.(a) created the statewide safe harbor quantities of 6 mature or 12 immature plants and 8 ounces of dry, processed bud or conversion per patient. These quantities were rejected as limits on a defense but affirmed as creating a safe harbor of qualified immunity from arrest and prosecution by the California State Supreme Court’s People v Kelly decision. Chris Conrad testified as expert witness in that landmark case.

Butte Co. Sheriff and DA jointly stipulate: 6 mature plants OR 12 immature plants and one pound of processed. (Formerly 6 plants at any stage). Butte County DA and Sheriff’s Policy. The official webpage notes that they consider a plant to be mature “when the sex of the plant is apparent.” Likewise it advises getting the doctor to specify the amount of marijuana he considers in line with your medical use, but adds that the doctor’s “number of plants is not a recognized recommendation.” These have no botanical or legal basis, but should be taken as a warning to patients.

Originally:Sheriff and DA policy based on Voter Proposition G: 25 plants with up to 100 square feet of canopy and two pounds of processed bud. In August, 2004, the DA announced that the county would no longer enforce plant limits, only square footage.

San Francisco: Municipal Code §3302 adopted in 2005 set the immunity threshold per patient at 8 oz plus 24 plants, with a 25 sq. ft. canopy, and 99 plants per collective. §3302.a “A qualified patient, person with a valid identification card, or primary caregiver may possess no more than eight ounces of dried cannabis per qualified patient. In addition, a qualified patient, person with a valid identification card, or primary caregiver may also maintain no more than twenty-four (24) cannabis plants par qualified patient or up to 25 square feet of total garden canopy measured by the combined vegetative growth area.” Click here to download in PDF format.

San Mateo County also has County Business Code Chapter 5.148 guidelines for collectives, defined as: “Medical marijuana collective” or “collective” means a facility or location at which qualified patients, persons with identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, associate within the unincorporated area of the County of San Mateo in order collectively or cooperatively to cultivate and/or store marijuana for medical purposes, as provided in Health & Safety Code section 11362.775.” This chapter does not apply to individual cultivation of marijuana for consumption or use of an individual at his or her residence, or for consumption by another individual or individuals regularly residing at said residence, if such consumption is otherwise permitted by state law.

A. Possession. A qualified patient, or a person holding a valid identification card, or the designated primary caregiver of that qualified patient or person, may possess amounts of marijuana of up to three (3) pounds of dried cannabis or conversion per year.

B. Cultivation. A qualified patient or a person holding a valid identification card or a designated primary caregiver, or primary caregivers or qualified patients whom associate collectively or cooperatively, may also cultivate cannabis in an amount not to exceed more than one-hundred (100) square feet total garden canopy, per qualified patient, as measured by the combined vegetative growth area.

C. Plants. A qualified patient or a person holding a valid identification card or a designated primary caregiver, or primary caregivers or qualified patients whom associate collectively or cooperatively, may cultivate cannabis in an amount not to exceed more than thirty (30) plants per qualified patient. The authorized thirty (30) plants must be grown within the one-hundred (100) square foot total garden canopy per qualified patient.

Tehama: The County Board of Supervisors adopted Resolution No. 98-2005 that reiterates the statewide immunity threshold of 12 seedlings or 6 flowering or mature plants and 8 ounces dried marijuana on Sept. 27, 2005. If the above quantities are not exceeded, the documented medicinal marijuana cultivator and possessor is in compliance with the standards set forth by this (sheriff’s) agency and the investigation will not be submitted for prosecution. Click here for PDF of full policy. Click here for forms posted on the County website.

Original Sheriff’s policy: 18 immature plants OR 6 mature plants, and up to 3 pounds processed.

Originally, on 9/4/07 the Trinity County Board of Supervisors had adopted a more reasonable policy allowing for possession of 3 pounds of dried, processed marijuana and cultivation of 12 mature and/or 24 immature plants. That policy is no longer in effect.

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11362.77. (a) A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.

You can have 8 ounces of bud no matter what, but only 6 mature OR 12 immature plants to be within the statewide safe harbor. If you have a legal problem anyway, you can argue to defend any “reasonable” amount. If your doctor notes on your recommendation that you can have 99 plants the yield still has to be “reasonable.” So you can fight it, but you may not always win. Good luck.